· 8/14/2000
Hallett v. New York State Department of Correctional Services
Citations
- 109 F. Supp. 2d 190
- 2000 U.S. Dist. LEXIS 11614
- 2000 WL 1154284
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff must allege that “he or she is being excluded from participation in, or being denied the benefits of some service, program, or activity by reason of his or her disability”
- Dismissing, as moot, the plaintiff's requests for injunctive relief \[b]ecause he [was] no longer 25 incarcerated and under the supervision of any of the named defendants ...\
- finding on motion to dismiss that the plaintiff had sufficiently alleged a serious injury because he was deprived of a proper wheelchair for five months and, as a result, he suffered “severe and unnecessary pain,” “severe back pain,” and a cut head
- “Exhaustion of administrative remedies under the PLRA is not jurisdictional, ... but rather is an affirmative defense”
- HIV-positive amputee’s requests for injunctive relief moot where amputee-plaintiff had been released from prison prior to motion to dismiss
- “Because plaintiff is able to assert his ADA and Rehabilitation Act claims against [the state entity] directly, I find that there is no justification for allowing plaintiff to also assert [the same] claims against the individual defendants in their official capacities.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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